Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14044 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- FESHAR District- Aurangabad ====================================================== RAJU SINGH Son of Krishna Singh Resident of Village- Jaishri Bigha, P.S.- Fesar, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Leelawati Kumari, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Feshar P.S. Case no. 104/2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the first information report, it is stated that on a tempo being chased and caught 143 litres of liquor was recovered and accused Santosh Kumar and Jagdhar Sao were taken into custody. The accused persons disclosed that the liquor belongs to this petitioner.

It is submitted by learned counsel for the petitioner that he has no concern either with the two accused or the seized

Patna High Court CR. MISC. No.14044 of 2021(2) dt.01-07-2021 2/2 liquor. He has been falsely implicated in the case because of his antecedent. He was neither arrested at the spot nor is there any material against him except the confessional statement of the co-accused made before the police. He is in custody since 6.12.2020.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner having remained in custody for over 6 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Feshar P.S. Case no. 104/2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II - cum - Special Judge, Excise, Aurangabad. (Partha Sarthy, J) Spd/- U T